Apportionment in Private Law

This collection of essays explores how modern private law assigns responsibility between multiple parties who are responsible for the same legal event. It examines doctrines and principles that share responsibility between plaintiffs and defendants, as well as between multiple defendants. The contributions offer important perspectives on the law in the UK, USA, Canada, Australia, and New Zealand, as well as civilian jurisdictions, and explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from different perspectives.

\n Format: Hardback
\n Length: 392 pages
\n Publication date: 13 December 2018
\n Publisher: Bloomsbury Publishing PLC
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This comprehensive collection of essays delves into the intricate dynamics of modern private law, exploring the allocation of responsibility among multiple parties who may be accountable for the same legal occurrence. It examines both doctrines and principles that establish shared liabilities between plaintiffs and defendants, as well as between multiple defendants. The doctrines under scrutiny encompass those that initially create shared responsibilities, such as vicarious and accessorial liability, as well as those that subsequently distribute and allocate these liabilities. These include the principles of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and proportionate liability, along with defenses and equitable allowances that enable both losses and gains to be shared between parties in civil proceedings. Furthermore, the work takes into account the principles that govern the apportionment of liability between multiple defendants and insurers in cases where determining the cause or timing of a particular loss poses challenges. The contributions to this volume provide valuable insights into the legal frameworks of the UK, USA, Canada, Australia, and New Zealand, as well as a range of civilian jurisdictions. They elucidate the fundamental rules and trends governing shared responsibilities and offer critical perspectives on the evolution and distribution of these responsibilities from diverse historical, comparative, empirical, doctrinal, and philosophical angles.

\n Weight: 720g\n
Dimension: 164 x 241 x 31 (mm)\n
ISBN-13: 9781509917501\n \n